San Francisco County Municipal Code Art. 13 Public Health Emergency Leave

Sec. 13.1. Title. Sec. 13.2. Definitions. Sec. 13.3. Public Health Emergency Leave Requirements. Sec. 13.4. Public Health Emergency Leave Use. Sec. 13.5. Notice of Employee Rights. Sec. 13.6. Exercise of Rights Protected; Retaliation Prohibited. Sec. 13.7. Employer Records. Sec. 13.8. Implementation and Enforcement. Sec. 13.9. Civil Enforcement. Sec. 13.10. Waiver Through Collective Bargaining. Sec. 13.11. Preemption. Sec. 13.12. City Undertaking Limited to Promotion of the General Welfare. Sec. 13.13. Severability.

*Editor’s Note: Former Police Code Article 33P (“Public Health Emergency Leave”) was redesignated as Labor and Employment Code Article 13 by Ord. 221-23, File No. 230835, approved November 3, 2023, effective December 4, 2023, and operative January 4, 2024.

This Article 13 shall be known as the “Public Health Emergency Leave Ordinance.” (Added as Police Code Sec. 3300P.1 by Proposition G, 6/7/2022, Eff. 7/10/2022, Oper. 10/1/2022; redesignated by Ord. 221-23, File No. 230835, App. 11/3/2023, Eff. 12/4/2023, Oper. 1/4/2024)

Employers shall retain records documenting hours worked by Employees and Public Health Emergency Leave taken by Employees, for a period of four years, and shall allow the Agency access to such records, with reasonable notice, to monitor compliance with the requirements of this Article 13. When an issue arises as to an Employee’s entitlement to Public Health Emergency Leave under this Article, if the Employer does not maintain or retain accurate and adequate records documenting hours worked by the Employee and Public Health Emergency Leave taken by the Employee, or does not allow the Agency reasonable access to such records, it shall be presumed that the Employer has violated this Article, absent clear and convincing evidence otherwise. (Added as Police Code Sec. 3300P.7 by Proposition G, 6/7/2022, Eff. 7/10/2022, Oper. 10/1/2022; redesignated by Ord. 221-23, File No. 230835, App. 11/3/2023, Eff. 12/4/2023, Oper. 1/4/2024)

The City Attorney or any person aggrieved by a violation of this Article 13 may bring a civil action in a court of competent jurisdiction against an Employer for violating any requirement of this Article 13 and, upon prevailing, shall be entitled to such legal or equitable relief as may be appropriate to remedy the violation including, without limitation, all forms of relief available under Section 13.8(c), plus interest on all amounts due and unpaid at the rate of interest specified in subdivision (b) of Section 3289 of the California Civil Code. The court shall award reasonable attorneys’ fees and costs to the prevailing party. (Added as Police Code Sec. 3300P.9 by Proposition G, 6/7/2022, Eff. 7/10/2022, Oper. 10/1/2022; redesignated by Ord. 221-23, File No. 230835, App. 11/3/2023, Eff. 12/4/2023, Oper. 1/4/2024)

All or any portion of the requirements of this Article 13 shall not apply to Employees covered by a bona fide collective bargaining agreement to the extent that such requirements are expressly waived in the collective bargaining agreement in clear and unambiguous terms. (Added as Police Code Sec. 3300P.10 by Proposition G, 6/7/2022, Eff. 7/10/2022, Oper. 10/1/2022; redesignated by Ord. 221-23, File No. 230835, App. 11/3/2023, Eff. 12/4/2023, Oper. 1/4/2024)

Nothing in this Article 13 shall be interpreted or applied so as to create any power, right, or duty in conflict with federal or state law. The term “conflict,” as used in this Section 13.11, means a conflict that is preemptive under federal or state law. (Added as Police Code Sec. 3300P.11 by Proposition G, 6/7/2022, Eff. 7/10/2022, Oper. 10/1/2022; redesignated by Ord. 221-23, File No. 230835, App. 11/3/2023, Eff. 12/4/2023, Oper. 1/4/2024)

GENERAL WELFARE.

In undertaking the adoption and enforcement of this Article 13, the City is undertaking only to promote the general welfare. The City is not assuming, nor is it imposing on its officers and employees, an obligation for breach of which it is liable in money damages to any person who claims that such breach proximately caused injury. This Article does not create a legally enforceable right by any member of the public against the City. (Added as Police Code Sec. 3300P.12 by Proposition G, 6/7/2022, Eff. 7/10/2022, Oper. 10/1/2022; redesignated by Ord. 221-23, File No. 230835, App. 11/3/2023, Eff. 12/4/2023, Oper. 1/4/2024)

If any section, subsection, sentence, clause, phrase, or word of this Article 13, or any application thereof to any person or circumstance, is held to be invalid or unconstitutional by a decision of a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions or applications of this Article. The voters hereby declare that they would have passed this Article and every section, subsection, sentence, clause, phrase, and word not declared invalid and unconstitutional without regard to whether any other portion of this Article or application thereof would be subsequently declared invalid or unconstitutional. (Added as Police Code Sec. 3300P.13 by Proposition G, 6/7/2022, Eff. 7/10/2022, Oper. 10/1/2022; redesignated by Ord. 221-23, File No. 230835, App. 11/3/2023, Eff. 12/4/2023, Oper. 1/4/2024)

(a) The Board of Supervisors may by ordinance amend this Article 13 with respect to matters relating to its implementation and enforcement and matters relating to Employer requirements for verification or documentation of an Employee’s use of Public Health Emergency Leave. (b) The Board of Supervisors may by ordinance amend this Article 13’s substantive requirements or scope of coverage as follows: (1) as to Air Quality Emergencies, without limitation, and (2) as to other provisions of this Article, only for the purpose of adopting greater or additional substantive requirements or broader coverage. (c) In the event any provision in this Article 13 is held legally invalid, the Board of Supervisors retains the power to adopt an ordinance concerning the subject matter that was covered in the invalid provision. (d) Nothing in this Article 13 prevents the Board of Supervisors by ordinance from providing for greater or different types of paid or unpaid leave, or extending other protections to employees or other workers. (Added as Police Code Sec. 3300P.14 by Proposition G, 6/7/2022, Eff. 7/10/2022, Oper. 10/1/2022; redesignated by Ord. 221-23, File No. 230835, App. 11/3/2023, Eff. 12/4/2023, Oper. 1/4/2024)